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HomeMy WebLinkAbout17. 14-51 JANUARY 14, 2014 JANUARY 28, 2014 14-02 14-51 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE REZONING 2490 JACKSON STREET FROM M-3 GENERAL INDUSTRIAL TO R-3 MULTIPLE DWELLING WITH A PLANNED DEVELOPMENT OVERLAY INITIATED BY: HERMAN & KITTLE PROPERTIES INC., PETITIONER PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-16 (B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property at 2490 Jackson Street from M-3 General Industrial to R-3 Multiple Dwelling with a Planned Development Overlay, per the attached map and described as: Being part of the S ½ of the N ½ of the S ½ of the SW ¼ of the NW ¼ Section 12-18-16, excluding W 350 ft.; also part of the N ½ of the S ½ of the S ½ of the SW ¼ of the NW ¼ excluding the E 660 ft.; 15th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right-of-way abutting said lot extending to the centerline of Jackson Street. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #14-51 APPROVE REZONING 2490 JACKSON STREET FROM M- 3 GENERAL INDUSTRIAL TO R-3 MULTIPLE DWELLING WITH A PLANNED DEVELOPMENT OVERLAY on January 28, 2014. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. s m m ................... � 1 11 rte,- ` µ..... l l 4 ® mm p jj m Lj Qsh 1 BACON AVE Em i Y W 0 m m I� rv. ren. m_ The City of Oshkosh creates and mainlains GIS maps and data for its own use. They may show the approximate relative location of proper; boundaries and other feature from a variety of sources. These maps }Idatasets are provided for information purposes only and may not be sufficient cr appropriate for legal, engineering, or surveying purposes. They are provided "AS -15" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J 1GISIGIS_Sase_MapsWIanring Base Mai) mxd N 1 in = 0.04 mi 1 in = 200 ft Printing Date: 11912014 Prepared by: City of Oshkosh, WI O.f HKO-f H ON THE WATT{ User dadene O.IHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: January 9, 2014 RE: Approve Rezoning of 2490 Jackson Street from M -3 General Industrial to R -3 Multiple Dwelling with a Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The subject property is a 3.45 acre parcel of land located along the east side of Jackson Street approximately 275 feet north of Bacon Avenue and is surrounded on the north, south and west by the Town of Oshkosh. The subject area is bordered on the north and south by low density residential and agricultural use, west across Jackson Street by commercial retail and service and east by multiple - family residential. The owner is proposing to develop the parcel for multiple - family residential use. ANALYSIS The purpose of the rezoning request from M -3 General Industrial District to R -3PD Multiple Dwelling District with a Planned Development Overlay is to allow the applicant to develop a multiple - family housing project for veterans with preliminary plans including removal of existing commercial buildings and the development of a 54 unit building with garage and surface parking, a playground and "bark park ". The petitioner feels that the site is desirable as it is located in or near employment centers, near public transportation and grocery stores, schools and other desirable services. Staff agrees that the requested zone change is appropriate as it is consistent with multiple - family uses to the east and future development of storm water management facilities to the south, east and north and its close proximity to amenities that compliment higher density dwelling development. The original request was to rezone the property from M -3 to R -3 however the Plan Commission felt because the property is located in a highly visible gateway corridor (Jackson Street) that the addition of the planned development overlay was appropriate as it would give the City more design review capability for what would ultimately be developed on the subject property. The Comprehensive Plan has designated this area as suitable for commercial development and introducing residential uses onto this lot is not consistent with the Comprehensive Plan's Land -Use recommendation and a separate action to amend the land use plan, which has already been recommended by the Plan Commission, will companion this zone change request at the second Council reading. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its December 17, 2013 meeting. Approved City Manager ITEM: ZONE CHANGE FROM M -3 GENERAL INDUSTRIAL DISTRICT TO R -3 MULTIPLE DWELLING DISTRICT FOR PROPERTY LOCATED AT 2490 JACKSON STREET Plan Commission meeting of December 17, 2013 GENERAL INFORMATION Applicant: Herman & Kittle Properties, Inc. Owner: Andrew B. Ujazdowski Action(s) Requested: Zone change from M -3 General Industrial District to R -3 Multiple Dwelling District to facilitate the development of a multiple- family apartment community. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on recommendations of the Comprehensive Plan, redevelopment plans and sound planning principles. Property Location and Background Information: The subject property is a 3.45 acre parcel located along the east side of Jackson Street approximately 275 feet north of Bacon Avenue and is surrounded on the north, south and west by the Town of Oshkosh. The subject area is bordered on the north and south by low density residential and agricultural use, west across Jackson Street by commercial retail and service and east by multiple - family residential. The owner is proposing to develop the parcel for multiple - family residential uses. The Comprehensive Plan has designated this area suitable for commercial development and introducing residential uses onto this lot is not consistent with the Comprehensive Plan's land - use recommendation. Subject Site Land Use Zonin Sing le- Family Residential and Contractor Yard M -3 macent Lana Use anct Lonin Existing Uses:..: - Zonan North Single Family Residential and Agricultural Town of Oshkosh Zoning South Single and Two - Family Residential and Agricultural Town of Oshkosh Zoning East Multiple-Family Residential R -3 West Commercial Retail and Service (across Jackson Street) C-2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The purpose of the rezoning request from the M -3 General Industrial District to R -3 Multiple Dwelling District is to allow the applicant to develop a multiple - family housing project for veterans. The area included in the rezone totals approximately 3.45 acres and preliminary plans include the removal of the existing four commercial buildings on -site and the development of a 54 unit building with garage and surface parking, a playground and "bark park ". The petitioner states in their application that the site is desirable as it is located in or near employment centers, near public transportation and near grocery stores, schools and other desirable services. Staff agrees with the applicant that the multiple- family dwelling designation being requested is appropriate as it is consistent with the multiple- family uses to the east and future development of area wide storm water management facilities to the south, cast and north as well as its proximity to amenities that support and compliment a higher density dwelling development. Staff also feels that the multiple- family dwelling use maybe the highest and best use of this particular parcel. The City's Comprehensive Plan Land Use Map identifies this area as appropriate for commercial development but the rezoning request is being brought forward with an application for an amendment to the recommended Land Use Map in the Comprehensive Plan to a residential use designation. If the Land Use Map amendment is approved, the zone change to an R -3 Multiple Dwelling District that is being requested will be consistent with that recommendation. RECOMMENDATION Staff recommends approval of a zone change from M -3 General Industrial District to R -3 Multiple Dwelling District as requested. - The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the items and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He reviewed the site as it currently exists and discussed the storm water management plans for several of the properties in the vicinity of the subject site. He also reviewed the 10 and 20 year Comprehensive Plan Land Use Map for the area and for the overall city. He discussed revisions to the Comprehensive Plan and why they are necessary and explained the reasoning why most of the area along Jackson Street was mapped for commercial uses. He discussed the workshop that the Plan Commission had in October to discuss this development and the potential to request a land use amendment and zone change for the site. He reviewed the site plan for the proposed residential structure and reviewed renderings of other developments constructed by the same developer in other communities. Ms. Lohry questioned if there was industrial use on the site in the past, if the site could possibly Item - 2490 Jackson Rezone be contaminated. Mr. Buck responded negatively and stated that the site had already been cleared as far as contamination and that it appeared to currently be used as a contractor's yard. Mr. Thoms inquired if this proposed development would have any impact on the storm water detention plans for the surrounding sites. Steve Gohde, Assistant Director of Public Works, replied that the City was not planning to acquire any portions of this site so the development should not impact any of the storm water management plans the City had for the other parcels. Mr. Thoms then inquired if the development would hinder the City's ability to construct the detention basins. Mr. Gohde responded that the City's plans were for a large swale style pond in one area with a dry basin to the south and a wet basin to the north but the development would not create any issues with the storm water detention plans. Kyle Peterson, representing Herman & Kittle Properties, 112 E. North Avenue, Lake Bluff, Illinois, stated that he was present for the workshop in October with the Plan Commission. He further stated that the proposed development was for housing veterans which was defined as any individual who was honorably discharged from military service. He further commented that the renderings displayed earlier in the presentation by staff were developed in New Richmond and this proposed apartment development would be the same style of product but would be three stories rather than four. Ms. Lohry questioned how many bedrooms the units were proposed to have. Mr. Peterson responded that the units were planned for both individuals and families and would be constructed with one to four bedroom units. Mr. Thorns commented that this type of project is something he usually would be supportive of as he feels it addresses the needs of veterans and the mixed use in the Jackson Street corridor is also something he finds favorable. Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change from M -3 General Industrial District to R -3 Multiple Dwelling District for property located at 2490 Jackson Street. Mr. Hinz commented that he is a veteran himself and is happy to see this type of development and would also be supportive of the proposal. Seconded by Hinz. Mr. Buck stated that David Borsuk could not be present today but wanted his comments shared with the Commission. Mr. Buck read email correspondence from Mr. Borsuk stating that he was opposed to both the land use amendment and zone change as he felt the Commission should hold Irene - 2490 Jackson Rezone off on any approvals for development in this area until a Jackson Street corridor plan was developed and the zoning ordinance re -write was complete. Mr. Bowen commented that he also supports projects that benefit veterans however he has an issue with this very specific site plan and concept and felt that it was spot zoning a parcel in an important commercial corridor for residential use. He also commented about the City's current zoning code ordinance and its lack of ability to address architectural design standards and although the City is currently undergoing a re -write of this ordinance to address this, it is not complete at this time. He further commented about the Family Dollar development recently completed on Jackson Street and the unattractive structure as it was located in an area of straight commercial zoning which required no input from the Plan Commission on design. He felt that a change to R -3 zoning without a planned development overlay would allow for this project to move forward without any review from the Plan Commission on design standards or the site plan layout. He felt that the safest thing to do in this case would be to change the zoning classification to R3 -PD rather than just R -3 as the planned development overlay would give the City more control on the review and approval of the development prior to it moving forward. He further commented that he did not have issues with the proposed development but the zoning ordinance as it currently exists is blind to architectural design and he would like assurance that what is presented is what is going to be developed on the site. Mr. Thoms stated that the R -3 zoning district allows multiple dwelling units without review in other areas of the city regardless of the proposed plans providing the zoning district is consistent with the use and he felt it would be over burdensome to expect this developer to have his proj ect approved through the Plan Commission and Common Council when it is not required for other developments. Mr. Bowen indicated that he felt those circumstances were different as the property was zoned R- 3 at the time the developer purchased it and they were well aware of what could be done with it. In this case, the developer is requesting a change in the zoning designation from M -3 to R -3 to allow the development and there are no assurances of what will end up on the site. Mr. Thoms also commented that he did not feel it was spot zoning the parcel as there were parcels with R -3 zoning designations right behind this site and he felt the M -3 zoning classification was inappropriate for the property. He added that he would not have an issue with adding a planned development overlay to the zoning classification proposed. Mr. Bowen stated that he is trying to deal with the reality of the City's zoning ordinance code which does not address design standards and once the zoning is changed to R -3, the City will have no control over the development and he felt the City has to protect itself. He also had concerns if the project did not reach the stage of development, it would leave the property with a straight R -3 zoning classification that would allow another multiple- family housing project on the site without any requirements for approval of the design of the development. Mr. Hinz commented that it was discussed at the workshop in October and the development plans were reviewed at that time however he agreed that the new zoning code re -write will rectify some of the issues the City is currently dealing with as far as design standards on property without a planned development overlay. Item - 2490 Jackson —Rezone 4 Mr. Burich agreed that architectural design standards have been an issue in the community and hopefully the zoning code re -write will address the concerns. He further stated that this was a tax credit project and questioned Mr. Peterson regarding if this land use amendment and zone change were approved, if he was 100% sure that the project would be developed. Mr. Peterson responded that he was fairly confident about the project however since it was depending on tax credits; there was a chance that it could not get the necessary funding as there were no guarantees that their application would be approved. Mr. Bowen questioned when the deadline was for the tax credit submission. Mr. Peterson responded that the deadline was January 31, 2014. Mr. Bowen commented that the planned development could be processed on a fast track and still leave the developer adequate time to meet this deadline. Ms. Lohry stated that she liked the proposed project and was supportive of it but would also support adding the planned development overlay to the zone change to allow for further review. Mr. Thorns inquired if the planned development overlay is placed on the zoning classification, how it affects the tax credit status of the project. Mr. Peterson replied that as long as the R -3 zoning designation is in place, the project could move forward with the application; however he was not 100% sure if it would be looked at less favorably and the planned development overlay would require another necessary approval'before the development could move forward. Mr. Thorns questioned how much of the design plans would have to be completed for the tax credit application to be submitted. Mr. Peterson responded that the site plan and general concepts for the development had to be complete for the application. Mr. Thorns suggested that if the developer worked with the planning staff on the details of the project, it should lessen the amount of issues that the Plan Commission may have with approval of the project as a planned development. Mr. Buck commented that due to the timing for the Plan Commission meetings, the planned development could go to both the Plan Commission and Common Council in January and still be completed in time for the application deadline. Mr. Thorns stated that with the change to R -3PD zoning classification, the conceptual designs could still be prepared for the application and the design criteria would be the only thing the Plan Commission would need to review to allow it to be forwarded to the Common Council for approval. Mr. Buck indicated that staff would try to run the planned development, the zone change, and the Comprehensive Plan land use revision all at the same Common Council meeting. Rein - 2490 Jackson Resone Mr. Burich added that the other option would be to ask the Common Council to approve the zone change now without the planned development overlay and it could be added at a later date or add the planned development overlay to the zoning now and review the planned development at the January 21st Plan Commission meeting which would go to the Common Council on January 28`1i This would still allow the developer time to submit his application for the tax credits prior to the January 3151 deadline. Mr. Peterson questioned what the probability was of the Common Council either tabling the request or laying it over at the January 281h meeting. Mr. Burich responded, that it should not be an issue. Mr. Thoms stated that he would amend his motion for approval of the zone change to include a planned development overlay. Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change from IMI - -3 General Industrial District to R -3PD Multiple Dwelling District with a planned development overlay for property located at 2490 Jackson Street. Seconded by Hinz. Motion carried 5 -0. Mr. Burich commented that the planned development would come back to the Plan Commission on January 21St for review for this project. Item - 2490 Jackson Reione City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 -1130 4.fHKOlH APPLICATION 920 -236 -5059 4N THE WATER L �ai a iagic Lj_J 5ujni Comprehensive Plan Future Land Use Map Designation Commercial Current use of property Commercial Proposed use of property Residential Proposed Zone District R -6 Legal Description (to be provided in digital form, MS Word format) Will a Conditional Use Permit be required? Yes Y No Don't Know 1. Applicant Identify the person or organization requesting the zone change: Name Kyle Peterson Cell Phone 317 -964 -1928 Organization Herman & Kittle Properties, Inc. Mailing Address 112 E. North Avenue Fax City take Bluff State II- zip 60044 E -Mail kpeterson @hermankittle.com Business Phone 317- 964 -1928 317 428 1925 2. Applicant Interest The applicant must have a legal interest in the subject property: Property Owner ❑ Purchaser by Option or Purchase Agreement Purchaser by Land Contract Lessee /Tenant 3. Property Owner ❑ Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Andrew Ujazdowski Cell Phone 920- 450 -8585 Organization Mailing Address 318 12th Street City Neenah Business Phone 920 -450 -8585 Fax 920- 896-4646 State Wi Zip 54956 E -mail Page 2 of 7 9/141201'1 OYHKOfH REZONING DKTM `AM REVIEW STANDARDS City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 -1130 920 -236 -5059 The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards, A. Explain how the proposed zone district designation is consistent with the purpose and intent of the City's Comprehensive Plan, Including the Future Land Use Map. Currently, the property is zoned M -3 industrial. The City's Comprehensive Plan and Future Land Use Map Identify the Jackson Street corridor as an area of commercial and residenlial use. The proposed zone district would change the property from an incompatable use to a use that is consistent with the vision for this area and permitted under the commercial zoning designation. , B. Explain how the proposed zone district will further the themes and objectives of the City's. Comprehensive Plan, as well as any relevant adopted area redevelopment plans. The proposed zone districtwill contribute to the promotion of compact, compatible, and efficient utilization of land, infrastructure, and services through redevelopment in areas where services and infrastructure currently exist. It will also promote land use decisions that compliment, not conflict with, adjoining property uses while improving neighborhood aesthetics. Finally, the proposed zone district will utilize and implement programs to create a variety of housing types appropriate to residents of all income levels, ages, desires and needs. A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health, safety, morals and general welfare of the public. The development will utilize the adequate public utility systems that are already serving the property. Furthermore, the proposed development will provide on -site services and facilities for residents to use. B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. The proposed zone district wilt change the use of the property from an incompatable use to a use that complements existing and future development along the Jackson Street corridor. Through good design, the development will improve the aesthetics of the neighborhood and bring additional consumers to the area. a Describe how the proposed zone district is consistent with the trend of development in the neighborhood, or the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. The proposed zone district Is consistent with the current residential and commercial conditions in the area. Additionally, the current zone district of the property is inconsistent with current and future uses of properties that characterize the neighborhood. Page 4 of 7 9114/2011 V i Proposed Apartment Community We are proposing an apartment community with approximately 54 apartment homes for Veterans. The development will consist of 1, 2, 3, & 4 bedroom apartments. All units will include a balcony /patio and the property will feature an abundant amount of common area amenities. The apartment community we are proposing is defined by the following principal factors: Veterans Housing Our housing development is intended to serve Veterans who have served in one of the five branches of the US Armed Forces (Army, Navy, Airforce, Marine Corps, and Coast Guard), who have been discharged or released therefrom under conditions other than dishonorable. Lutheran Social Services will provide a comprehensive package of on -site services to those who need them. Proximity Most appropriately the proposed apartments are located in or near employment centers (as opposed to distant suburbs), near public transportation and near services such as grocery stores, clinics/hospitals, schools, etc. Com atibili There are four commercial rental buildings that currently occupy the property. The property will be redeveloped to a residential use — the current buildings will not be used as part of the new development. The property will operate in a similar manor to the residential and commercial uses that surround it. Based on a recent traffic study of a comparable property, it is estimated that approximately 25 cars will be entering and/or leaving the property during the morning hours of operation and approximately 32 will be entering and /or leaving during the evening hours. Comparable Development There is a comparable development nearby called Veterans Manor located in Milwaukee, WI. While Veterans Manor provides only supportive housing for Veterans, the proposed development will feature housing that is for Veterans in need of supportive services as well as independent Veterans. in § d22 :■ / | .WHSOAMO § | \ »Qm agkN \\ ~ t / 5ka m»or¥g; ,$/ , « o ■m| (' § ' a62@o - |§sue ( \J) »m �. d} + 2L? Vol 1M'HSONHSO a o4� 1� ' aw ���' 1M'HSONHSO v = d " 'Z ? �� AiNnODODYE13NNIM Z W 0 u *s ■■ F J33blISNOSkDVrOBPZ q ?q 5L v V G Sldtl HSONHSO U j Q W a I I $e Q z r ILE Illim- .r .r , :. 111 .r I m O Z v J II ti t F0 L2 X �W maw a>Z i ao 1 tiz LO U0 aW m� LL n u u.I ■■ r ILE Illim- .r .r , :. 111 .r I m O Z v J II ti t F0 L2 X �W maw a>Z i ao 1 tiz LO U0 aW m� LL n REZONE /LAND USE AMENDMENT THOMAS A WRIGHT /SHANNON ANDREW B UJAZDOWSKI 2490 JACKSON ST FINGER 318 12TH ST PC: 12--17 -13 19105 W CAPITOL DR STE 200 NEENAH WI 54956 2821 BROOKFIELD WI 53045 2708 CAPITAL CREDIT UNION 1010 PROSPECT ST KIMBERLY WI 54136 1625 LAVERNE KOMOROWSKI 3952 APPLE.LN OSHKOSH WI 54902 HERMAN & KITTLE PROPERTIES KYLE PETERSON 112 E NORTH AV LAKE BLUFF IL 60044 BOBS RAIL REAL ESTATE LLC 5711 GREEN VALLEY RD OSHKOSH WI 54904 9700 JAMES WILLIAMS 2447 JACKSON ST OSHKOSH WI 54901 LOIS LUEBKE MARITAL TRST 870 HONEY CREEK RD OSHKOSH WI 54904 SAINT VINCENT DE PAUL SOCIETY OF OSHKOSH 2551 JACKSON ST OSHKOSH WI 54901 1509 ll�l ff �� Na :..4.,i' 4 O Ln N ------------- 14- 0 U, N --- - --w B - - 0 M En mov 304 300 228 222 CD RNRL Cli ;pg N . . . . . . . . n = 0.02 mi I in = 115 ft A The C4 of Oshkosh creates and maintains GIS maps and data for its own use, They may show the approximate relative location of properly, boundaries and other feature from a variety of sources. These map(sydalasets are provided for Information purposes only and may not be suffldent or Printing Date: 1214/2013 O-fHKO-f H appropriate for legal, engineering, or surveying purposes, They are provided 'AS-IS' without I Prepared by. City of Oshkosh, ON THE WAM warranties of any kind and the City of Oshkosh assumes no liablEfy for use or misuse. M I JAGI,3�RaaningPlan Commission Site Plan Map TernplafelPlan Commission SPe Man Map TernpWe.nud Ugpi- rf,h—h (� �` ��..') 1 `} i s N i in = 0.19 mi __ .._ _ :. `_ „ ;✓ : :. — '- r 1 In =1,000 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relatve location of properly, boundaries and other feature from a variety of sources. prin6n Date: 1 21412 6 1 3 These map(sydalasels are provided for information purposes only and may not be su5cienl or 9 appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without Prepared by; City of Oshkosh, WI warranties of any kind and the City of Oshkosh assumes no IiablTty for use or misuse. JAGiSWSanningnan Commission Silo Plan Map TemplaleTlan Commission Site Plan Map Tempfate,mxd 0.- Q.fHKlH ON THE WATER riser, dE borahl 5!